RCW 64.90.495: Washington HOA Records Inspection Rules

Quick answer: Under RCW 64.90.495, a Washington HOA or condo must keep a list of 19 kinds of records, many for seven years. It must let owners, mortgage holders and their agents inspect and copy them. The association has 10 days after a request, which can stretch when the request is large or needs redaction, but never beyond 21 days without a court order. Some information must be redacted first, such as personnel files, executive-session records, other owners' unit files and legal advice. The association may charge a reasonable fee for copies.

Records requests are where secretaries most often get tripped up. This guide covers what to keep, how fast to respond, what to hold back, and how to log requests.

What the association must keep

RCW 64.90.495(1) lists the records. The most common ones for a board secretary:

Here's how the statute words the minutes requirement:

(b) Minutes of all meetings of its unit owners and board other than executive sessions, a record of all actions taken by the unit owners or board without a meeting, and a record of all actions taken by a committee in place of the board on behalf of the association;

(RCW 64.90.495(1)(b))

For how long to keep minutes beyond the statute, see how long to keep HOA meeting minutes.

Who can inspect, and how fast you must respond

Owners, mortgage holders on the units, and their authorized agents can inspect and copy the records:

(i) During reasonable business hours and at the offices of the association or its managing agent, or at a mutually convenient time and location; and

(ii) Upon 10 days' notice unless the size of the request or need to redact information reasonably requires a longer time, but in no event later than 21 days without a court order allowing a longer time.

(RCW 64.90.495(2)(a))

Mortgage holders don't get the owner list, and the list doesn't have to include the email addresses of owners who elected to keep them confidential (RCW 64.90.495(2)(b)).

What must be redacted

Before disclosing records, the association must redact or remove the categories in RCW 64.90.495(3), including:

• personnel and medical records about specific individuals;
• contracts and deals still being negotiated;
• existing or potential litigation, mediation, arbitration or administrative proceedings;
• legal advice and other attorney-client or work-product communications;
• records of executive sessions of the board;
• other owners' individual unit files;
• unlisted phone numbers and confidential email addresses;
• security access information;
• anything that would reveal how someone voted on a secret ballot.

The executive-session rule is short:

(g) Records of an executive session of the board;

(RCW 64.90.495(3)(g))

That's one reason executive-session minutes are handled differently. See HOA executive session minutes and Washington's RCW 64.90.445 executive session rules.

The association must also remove the address of any owner or resident known to be in the state's address confidentiality program before releasing the owner list (RCW 64.90.495(4)).

Fees and copies

The association may charge a reasonable fee for producing copies and for supervising an inspection (RCW 64.90.495(5)(a)). Two things are free:

• one electronic or written copy per year of the owner list (RCW 64.90.495(5)(b));
• the owner's own preforeclosure information (RCW 64.90.495(5)(c)).

Owners can ask for copies by electronic transmission if available (RCW 64.90.495(6)). The association doesn't have to compile or create new reports:

(7) An association is not obligated to compile or synthesize information.

(RCW 64.90.495(7))

Records obtained this way can't be used for commercial purposes (RCW 64.90.495(8)).

If you change managers

A departing managing agent must return the association's original books and records. Electronic records are due within five business days, and written records within 10 business days, of termination or the board's demand (RCW 64.90.495(9)).

A simple records request log

Have the secretary keep a log with one row per request:

Start the 10-day clock on the date received. If you need more time for redaction, tell the requester in writing and give a date that is within 21 days. For the secretary's other duties, see our HOA board secretary checklist.

Common mistakes

• Sending executive-session minutes. Those records must be withheld. Only the actions the board takes after returning to open session go in the regular minutes.
• Missing the 21-day outer limit. Even a big request has a hard stop without a court order.
• Charging for the annual owner list. One copy a year is free.
• Refusing because the owner won't say why. The statute doesn't require a reason. It does bar commercial use.

Financial records make up most requests. If your books aren't in shape to produce seven years of receipts and statements quickly, see HOA Fiscal's HOA financial statements explained.

This is not legal advice. Confirm your association's obligations with the current statute, your governing documents and your attorney.

FAQ

How long does a Washington HOA have to respond to a records request? Ten days after notice, longer if the size of the request or redaction reasonably requires it, but no more than 21 days without a court order (RCW 64.90.495(2)(a)).

Can owners see executive session minutes? No. Records of an executive session must be redacted or withheld (RCW 64.90.495(3)(g)).

How long must an HOA keep financial records in Washington? Seven years for accounting records, financial statements, tax returns and contracts (RCW 64.90.495(1)).

Can the HOA charge for copies? Yes, a reasonable fee, except that one copy of the owner list per year and an owner's preforeclosure information are free.

Does the HOA have to create a report I ask for? No. The association isn't obligated to compile or synthesize information (RCW 64.90.495(7)).

Cover: Photo by Mateusz Dach on Pexels